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s 104D

Acquisition of interest in shares

In force
Part IVAChange in control of corporation holding permit or licence

104D Acquisition of interest in shares

(1) For this Part, the acquisition of an interest in shares in a corporation holding a permit or licence includes:

(a) the allotment or issue of a share, not being the issue of a share to a member on registration of the corporation as a corporation; and

(b) the acquisition of the legal title in a share by purchase or transfer; and

(c) the redemption, surrender or cancellation of a share; and

(d) the variation, abrogation or alteration of a right pertaining to a share; and

(e)

a declaration of trust over shares; and

(f) if shares are held subject to a discretionary trust – the addition of a beneficiary or class of beneficiaries to the existing beneficiaries under the trust; and

(g) if shares are held subject to a discretionary trust – a change in control of a corporate beneficiary under the trust and a change in control of the trust if both changes:

(i)

occur within a 12 month period; and

(ii) arise from (or substantially from) one transaction or one series of transactions; and

(h)

a statutory vesting of shares; and

(i)

a vesting of shares through a merger.

(2) Despite subsection (1), an acquisition of an interest in shares in a corporation holding a permit or licence does not include an acquisition:

(a)

that occurs as the result of the appointment of:

(i)

a receiver or trustee in bankruptcy; or

(ii)

a liquidator; or

(b) that is declared not to constitute an acquisition by the regulations.

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